Certain In-shell Roasted Pistachios from the Islamic Republic of Iran: Final Results of Countervailing Duty Administrative Review, 27682-27683 [E6-7281]
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sroberts on PROD1PC70 with NOTICES
27682
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Notices
with the notice of initiation of the
changed circumstances review in
accordance with 19 CFR
351.221(c)(3)(ii). Because the evidence
indicates that Hyundai has essentially
the same corporate structure and
operations as INI, we preliminarily
determine that merchandise from
Hyundai should be excluded from the
antidumping duty order. Thus, if these
preliminary results are adopted in our
final results of this changed
circumstances review, we will instruct
U.S. Customs and Border Protection to
liquidate, without regard to
antidumping duties, all entries of
SSSSC produced and exported by
Hyundai, entered, or withdrawn from
warehouse, for consumption on or after
March 10, 2006, the date of INI’s name
change to Hyundai. This action is in
accordance with the Department’s
practice of applying the results of
changed circumstances determinations
retroactively where the company in
question was never subject to the order.
See Certain Hot–Rolled Lead and
Bismuth Carbon Steel Products from the
United Kingdom: Final Results of
Changed–Circumstances Antidumping
and Countervailing Duty Administrative
Reviews, 64 FR 66880, 66881 (Nov. 30,
1999). For further discussion of this
issue, see the memorandum from Irene
Darzenta Tzafolias to Stephen J. Claeys,
entitled ‘‘Preliminary Successor–InInterest Determination for Hyundai
Steel Company in the Changed
Circumstances Review of Stainless Steel
Sheet and Strip in Coils from the
Republic of Korea,’’ dated concurrently
with this notice.
Interested parties are invited to
comment on these preliminary results.
Any written comments may be
submitted no later than 14 days after
date of publication of this notice.
Rebuttal briefs, limited to arguments
raised in case briefs, are due five days
after the case brief deadline. Case briefs
and rebuttal briefs must be served on
interested parties in accordance with 19
CFR 351.309. In accordance with 19
CFR 351.216(e), the Department will
publish the final results of the changed
circumstances review including the
results of its analysis of any issues
raised in any such comments within 270
days after the date on which the
changed circumstances review was
initiated.
This initiation of review, preliminary
results of review, and notice are in
accordance with sections 751(b) and
777(i)(1) of the Act.
VerDate Aug<31>2005
16:54 May 11, 2006
Jkt 208001
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–7283 Filed 5–11–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–507–601)
Certain In–shell Roasted Pistachios
from the Islamic Republic of Iran: Final
Results of Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2005, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results in the
countervailing duty (CVD)
administrative review of certain in–shell
roasted pistachios from Iran. See Certain
In–shell Roasted Pistachios from the
Islamic Republic of Iran: Preliminary
Results of Countervailing Duty
Administrative Review, 70 FR 67453
(Preliminary Results). The Department
has now completed this administrative
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Based on information received since
the Preliminary Results and our analysis
of the comments received, the
Department has not revised the net
subsidy rate for Tehran Negah Nima
Trading Company, Inc., trading as Nima
Trading Company (Nima), the
respondent company in this proceeding.
However, we have made a change to the
programs found in the Preliminary
Results to be used by respondents
during the period of review (POR),
determining that the respondent
company did indeed act to the best of
its ability in responding to our
questionnaire. For further discussion of
our positions, see the ‘‘Issues and
Decision Memorandum’’ from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, concerning the ‘‘Final
Results of Countervailing Duty
Administrative Review: Certain In–shell
Roasted Pistachios from the Islamic
Republic of Iran’’ (Decision
Memorandum) dated May 8, 2006. The
final net subsidy rate for the reviewed
company is listed below in the section
entitled ‘‘Final Results of Review.’’
EFFECTIVE DATE: May 12, 2006.
AGENCY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Darla Brown, AD/CVD Operations,
Office 3, Import Administration, U.S.
Department of Commerce, Room 4012,
14th Street and Constitution Avenue,
NW, Washington, DC 20230; telephone:
(202) 482–2786.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2005, the Department
published in the Federal Register its
Preliminary Results. We invited
interested parties to comment on these
results. Since the preliminary results,
the following events have occurred.
On February 13, 2006, we received
case briefs from petitioners1 and Nima.
On March 10, 2006, the Department
extended the time limit for the
completion of its final results until May
8, 2006. See Certain In–shell Roasted
Pistachios from the Islamic Republic of
Iran: Extension of Time Limit for Final
Results of Countervailing Duty
Administrative Review, 71 FR 12343
(March 10, 2006).
In accordance with 19 CFR
351.213(b), this administrative review
covers only those producers or exporters
for which a review was specifically
requested. Accordingly, this
administrative review covers Nima and
its grower, Razi Domghan Agricultural
and Animal Husbandry Company (Razi)
and ten programs for the POR January
1, 2003, through December 31, 2003.
Scope of the Order
The product covered by this order is
all roasted in–shell pistachio nuts,
whether roasted in Iran or elsewhere,
from which the hull has been removed,
leaving the inner hard shells and the
edible meat, as currently classifiable in
the HTSUS under item number
0802.50.20.00. The written description
of the scope of this proceeding is
dispositive.
Analysis of Comments Received
For a discussion of the programs and
the issues raised in the briefs by parties
to this review, see the Decision
Memorandum, which is hereby adopted
by this notice. A listing of the issues
which parties raised and to which we
have responded, which are in the
Decision Memorandum, is attached to
this notice as Appendix I. Parties can
find a complete discussion of the issues
raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit (CRU), room
1 Petitioners include the California Pistachios
Commission (CPC) and its members and a domestic
interested party, Cal Pure Pistachios, Inc. (Cal Pure).
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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Notices
the cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise;
and (5) if neither the exporter nor
producer is a firm covered in this
review or the original investigation, the
cash deposit rate for all other producers
or exporters of the subject merchandise
Final Results of Review
will continue to be 317.89 percent ad
In accordance with section 777A(e)(1) valorem, the ‘‘all others’’ rate from the
of the Act and 19 CFR 351.221(b)(5), we final determination in the original
calculated an ad valorem subsidy rate
investigation.
for Nima and Razi for calendar year
This notice also serves as a reminder
2003.
to parties subject to administrative
protective order (APO) of their
Net Subsidy
Producer/Exporter
responsibility concerning the
Rate
disposition of proprietary information
disclosed under APO in accordance
Tehran Negah Nima Trading
with 19 CFR 351.305(a)(3). Timely
Company, Inc., trading as
Nima Trading Company
written notification of return/
(Nima) and Razi Domghan
destruction of APO materials or
Agricultural and Animal
conversion to judicial protective order is
Husbandry Company (Razi)
0.00 percent hereby requested. Failure to comply
ad valorem
with the regulations and the terms of an
APO is a sanctionable violation.
As Nima is the exporter but not the
This administrative review and notice
producer of subject merchandise, the
are issued and published in accordance
Department’s final results of review
with sections 751(a)(1), 751(a)(3) and
apply to subject merchandise exported
777(i)(1) of the Act and 19 CFR
by Nima and produced by Nima’s
supplier of pistachios, Razi. See 19 CFR 351.221(b)(5).
Dated: May 8, 2006.
351.107(b) (providing that the
Department may establish a
David M. Spooner,
combination rate for each combination
Assistant Secretaryfor Import Administration.
of exporter and its supplying producer).
Therefore, we will issue the following Appendix I – Issues and Decision
Memorandum
cash deposit requirements, within 15
days of publication of the final results
I. ANALYSIS OF PROGRAMS
of the instant review, for all shipments
A. Programs Determined to Be Not Used
of subject merchandise entered, or
withdrawn from warehouse, for
1. Provision of Fertilizer and
consumption on or after the date of
Machinery
publication: (1) for merchandise
exported by Nima and produced by
2. Provision of Credit
Razi, the cash deposit rate will be 0.00
3. Tax Exemptions
percent ad valorem, i.e., the rate
4. Provision of Water and Irrigation
calculated in the final results of the
Equipment
instant administrative review; (2) for
5. Technical Support
merchandise exported by Nima and
6. Duty Refunds on Imported Raw or
produced by Maghsoudi Farms, the cash
Intermediate Materials Used in the
deposit rate will be 21.68 percent, the
Production of Export Goods
rate calculated for Nima and Maghsoudi
7. Program to Improve Quality of
Farms in the new shipper reviews (see
Exports of Dried Fruit
Certain In–Shell Pistachios (C–507–501)
8. Iranian Export Guarantee Fund
and Certain Roasted In–Shell Pistachios
9. GOI Grants and Loans to Pistachio
(C–507–601) from the Islamic Republic
Farmers
of Iran: Final Results of New Shipper
10. Crop Insurance for Pistachios
Countervailing Duty Reviews, 68 FR
4997 (January 31, 2003) (Pistachios New II. TOTAL AD VALOREM RATE
Shipper Reviews); (3) for merchandise
III. ANALYSIS OF COMMENTS
exported by Nima but not produced by
Razi or Maghsoudi Farms, the cash
Comment 1: Termination of the
deposit rate will be 317.89 percent, the
Review
‘‘all others’’ rate established in the
original CVD investigation (see 51 FR
Comment 2: Application of Adverse
8344 (March 11, 1986)); (4) if the
Facts Available to the Provision of
exporter is not a firm covered in this
Credit Program
review, a prior review, or the original
Comment 3: Application of Adverse
CVD investigation, but the producer is,
Facts Available to the Provision of
sroberts on PROD1PC70 with NOTICES
B–099 of the main Commerce building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the World Wide Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
VerDate Aug<31>2005
16:54 May 11, 2006
Jkt 208001
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
27683
Fertilizer and Machinery Program
Comment 4: Application of Adverse
Facts Available to the Tax
Exemptions Program
Comment 5: Application of Adverse
Facts Available to the Provision of
Water and Irrigation Equipment
Program
Comment 6: Application of Adverse
Facts Available to the Technical
Support Program
Comment 7: Application of Adverse
Facts Available to the Duty Refunds
on Imported Raw or Intermediate
Materials Used in the Production of
Export Goods Program
Comment 8: Application of Adverse
Facts Available to the Program to
Improve Quality of Exports of Dried
Fruit
Comment 9: Application of Adverse
Facts Available to the Iranian
Export Guarantee Fund
Comment 10: Application of Adverse
Facts Available to the GOI Grants
and Loans to Pistachio Farmers
Program
Comment 11: Application of Adverse
Facts Available to the Crop
Insurance for Pistachios Program
Comment 12: Adherence to the
Department’s Deadlines and Service
Requirements
[FR Doc. E6–7281 Filed 5–11–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of revocation of export
trade certificate of review—application
No. 83–00030.
ACTION:
SUMMARY: The Secretary of Commerce
issued an Export Trade Certificate of
Review to Trans World Products Co.,
Inc. on February 8, 1984. Because this
Certificate holder has failed to file an
annual report as required by law, the
Secretary is revoking the certificate.
This notice summarizes the notification
letter sent to Trans World Products Co.,
Inc.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, 202/482–5131.
This is not a toll-free number.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (‘‘The Act’’) (Pub. L. 97–290, 15
U.S.C. 4011–21) Authorizes the
Secretary of Commerce to issue Export
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Notices]
[Pages 27682-27683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7281]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-507-601)
Certain In-shell Roasted Pistachios from the Islamic Republic of
Iran: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2005, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
in the countervailing duty (CVD) administrative review of certain in-
shell roasted pistachios from Iran. See Certain In-shell Roasted
Pistachios from the Islamic Republic of Iran: Preliminary Results of
Countervailing Duty Administrative Review, 70 FR 67453 (Preliminary
Results). The Department has now completed this administrative review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Based on information received since the Preliminary Results and our
analysis of the comments received, the Department has not revised the
net subsidy rate for Tehran Negah Nima Trading Company, Inc., trading
as Nima Trading Company (Nima), the respondent company in this
proceeding. However, we have made a change to the programs found in the
Preliminary Results to be used by respondents during the period of
review (POR), determining that the respondent company did indeed act to
the best of its ability in responding to our questionnaire. For further
discussion of our positions, see the ``Issues and Decision Memorandum''
from Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, to David M. Spooner, Assistant Secretary for Import
Administration, concerning the ``Final Results of Countervailing Duty
Administrative Review: Certain In-shell Roasted Pistachios from the
Islamic Republic of Iran'' (Decision Memorandum) dated May 8, 2006. The
final net subsidy rate for the reviewed company is listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office
3, Import Administration, U.S. Department of Commerce, Room 4012, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2005, the Department published in the Federal
Register its Preliminary Results. We invited interested parties to
comment on these results. Since the preliminary results, the following
events have occurred.
On February 13, 2006, we received case briefs from petitioners\1\
and Nima. On March 10, 2006, the Department extended the time limit for
the completion of its final results until May 8, 2006. See Certain In-
shell Roasted Pistachios from the Islamic Republic of Iran: Extension
of Time Limit for Final Results of Countervailing Duty Administrative
Review, 71 FR 12343 (March 10, 2006).
---------------------------------------------------------------------------
\1\ Petitioners include the California Pistachios Commission
(CPC) and its members and a domestic interested party, Cal Pure
Pistachios, Inc. (Cal Pure).
---------------------------------------------------------------------------
In accordance with 19 CFR 351.213(b), this administrative review
covers only those producers or exporters for which a review was
specifically requested. Accordingly, this administrative review covers
Nima and its grower, Razi Domghan Agricultural and Animal Husbandry
Company (Razi) and ten programs for the POR January 1, 2003, through
December 31, 2003.
Scope of the Order
The product covered by this order is all roasted in-shell pistachio
nuts, whether roasted in Iran or elsewhere, from which the hull has
been removed, leaving the inner hard shells and the edible meat, as
currently classifiable in the HTSUS under item number 0802.50.20.00.
The written description of the scope of this proceeding is dispositive.
Analysis of Comments Received
For a discussion of the programs and the issues raised in the
briefs by parties to this review, see the Decision Memorandum, which is
hereby adopted by this notice. A listing of the issues which parties
raised and to which we have responded, which are in the Decision
Memorandum, is attached to this notice as Appendix I. Parties can find
a complete discussion of the issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (CRU), room
[[Page 27683]]
B-099 of the main Commerce building. In addition, a complete version of
the Decision Memorandum can be accessed directly on the World Wide Web
at https://ia.ita.doc.gov/frn. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Final Results of Review
In accordance with section 777A(e)(1) of the Act and 19 CFR
351.221(b)(5), we calculated an ad valorem subsidy rate for Nima and
Razi for calendar year 2003.
------------------------------------------------------------------------
Net Subsidy
Producer/Exporter Rate
------------------------------------------------------------------------
Tehran Negah Nima Trading Company, Inc., trading as Nima 0.00 percent
Trading Company (Nima) and Razi Domghan Agricultural and ad valorem
Animal Husbandry Company (Razi)..........................
------------------------------------------------------------------------
As Nima is the exporter but not the producer of subject
merchandise, the Department's final results of review apply to subject
merchandise exported by Nima and produced by Nima's supplier of
pistachios, Razi. See 19 CFR 351.107(b) (providing that the Department
may establish a combination rate for each combination of exporter and
its supplying producer).
Therefore, we will issue the following cash deposit requirements,
within 15 days of publication of the final results of the instant
review, for all shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication:
(1) for merchandise exported by Nima and produced by Razi, the cash
deposit rate will be 0.00 percent ad valorem, i.e., the rate calculated
in the final results of the instant administrative review; (2) for
merchandise exported by Nima and produced by Maghsoudi Farms, the cash
deposit rate will be 21.68 percent, the rate calculated for Nima and
Maghsoudi Farms in the new shipper reviews (see Certain In-Shell
Pistachios (C-507-501) and Certain Roasted In-Shell Pistachios (C-507-
601) from the Islamic Republic of Iran: Final Results of New Shipper
Countervailing Duty Reviews, 68 FR 4997 (January 31, 2003) (Pistachios
New Shipper Reviews); (3) for merchandise exported by Nima but not
produced by Razi or Maghsoudi Farms, the cash deposit rate will be
317.89 percent, the ``all others'' rate established in the original CVD
investigation (see 51 FR 8344 (March 11, 1986)); (4) if the exporter is
not a firm covered in this review, a prior review, or the original CVD
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recent period for the producer of the
merchandise; and (5) if neither the exporter nor producer is a firm
covered in this review or the original investigation, the cash deposit
rate for all other producers or exporters of the subject merchandise
will continue to be 317.89 percent ad valorem, the ``all others'' rate
from the final determination in the original investigation.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1), 751(a)(3) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5).
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I - Issues and Decision Memorandum
I. ANALYSIS OF PROGRAMS
A. Programs Determined to Be Not Used
1. Provision of Fertilizer and Machinery
2. Provision of Credit
3. Tax Exemptions
4. Provision of Water and Irrigation Equipment
5. Technical Support
6. Duty Refunds on Imported Raw or Intermediate Materials Used in
the Production of Export Goods
7. Program to Improve Quality of Exports of Dried Fruit
8. Iranian Export Guarantee Fund
9. GOI Grants and Loans to Pistachio Farmers
10. Crop Insurance for Pistachios
II. TOTAL AD VALOREM RATE
III. ANALYSIS OF COMMENTS
Comment 1: Termination of the Review
Comment 2: Application of Adverse Facts Available to the Provision
of Credit Program
Comment 3: Application of Adverse Facts Available to the Provision
of Fertilizer and Machinery Program
Comment 4: Application of Adverse Facts Available to the Tax
Exemptions Program
Comment 5: Application of Adverse Facts Available to the Provision
of Water and Irrigation Equipment Program
Comment 6: Application of Adverse Facts Available to the Technical
Support Program
Comment 7: Application of Adverse Facts Available to the Duty
Refunds on Imported Raw or Intermediate Materials Used in the
Production of Export Goods Program
Comment 8: Application of Adverse Facts Available to the Program to
Improve Quality of Exports of Dried Fruit
Comment 9: Application of Adverse Facts Available to the Iranian
Export Guarantee Fund
Comment 10: Application of Adverse Facts Available to the GOI
Grants and Loans to Pistachio Farmers Program
Comment 11: Application of Adverse Facts Available to the Crop
Insurance for Pistachios Program
Comment 12: Adherence to the Department's Deadlines and Service
Requirements
[FR Doc. E6-7281 Filed 5-11-06; 8:45 am]
BILLING CODE 3510-DS-S
